Section 26 in The M.P. Vanijyik Kar Adhiniyam, 1994
26. Returns.
- [(1)(i) Every such dealer as maybe required so to do by the Commissioner by notice served in the prescribed manner; and(ii)Every registered dealer; and(iii)Every dealer whose registration certificate has been cancelled under clause (d) or (e) of sub-section (9) of Section 22,shall furnish return in such form, in such manner, for such period, by such dates and to such authority as may be prescribed:Provided that the Commissioner may, subject to such terms and conditions as may be prescribed, exempt any such dealer from furnishing such returns or permit any such dealer to furnish them for such different period, in such other form and to such other authority, as he may direct.(2)Every dealer required to file return under sub-section (1) shall pay the full amount of tax payable according to the return as required by sub-section (2) of Section 32 or the difference of the amount of tax payable according to the revised return as required by sub-section (3) of the said Section and the full amount of interest, if any, payable under clause (a) or clause (b) of sub-section (4) and shall furnish the proof of such payment along with the return under sub-section (1) or the revised return under sub-section (3).] [Substituted by Section 5 of MP Commercial Tax (Second Amendment) Act, 1997 (No, 33 of 1997), w.e.f. 1-9-1997.](3)If any dealer discovers any omission, error or wrong statement in airy return furnished by him under sub-section (1) he may furnish a revised return in the prescribed manner and within the prescribed time.(4)[(a) If a dealer required to file return under sub-section (1)-(i)fails without sufficient cause to pay the amount of tax payable according to a return for any period in the manner prescribed under sub-section (2) of Section 32; or(ii)files a revised return under sub-section (3) showing a higher amount of tax to be due than was shown by him in the original return; or(iii)fails to furnish return,such dealer shall be liable to pay interest in respect of,-(a)the tax payable by him according to the return referred to in sub-clause (i); or(b)the difference of the amount of tax payable according to the revised return; or(c)the tax payable for the period for which he has failed to furnish return, [at such rate as may be notified which shall not be less than 0.5 per cent but shall not exceed 1.5 per cent per month] from the date the tax so payable had become due to the date of its payment or to the date of order of assessment, whichever is earlier.]Explanation. - For the purpose of this clause,-(1)where the period of default covers a period less than a month the interest payable in respect of such period shall be computed proportionately.(2)'month' shall mean thirty days.(b)If a registered dealer having filed a return under sub-section (1) or a revised return under sub-section (3) for any period and paid the tax payable according to such return or revised return after the time prescribed therefor, fails to pay interest along with such return or revised return in accordance with the provisions of clause (a) the Commissioner may, after giving the dealer a reasonable opportunity of being heard, direct him to pay in addition to the tax payable or paid and the interest payable by him, by way of penalty [a sum equal to such rate as may be notified which shall not be less than 0.5 per cent but shall not exceed 1.5 per cent per month] [Substituted by M.P. Vanijyik Kar (Sanshodhan) Adhiniyam, 2003 (32 of 2003) for the words 'a sum equal to two per cent per month' w.e.f. 30-9-2003.] from the date such interest had become due to the date of its payment or to the date of order of assessment, whichever is earlier.(c)(i)A dealer fails without sufficient cause to comply with the requirement of notice issued under sub-section (1); or(ii)a registered dealer having paid the tax payable according to a return in time fails to furnish the return in time; or(iii)a registered dealer having paid the tax payable according to a return and furnished the return in time, fails to furnish along with the return proof of payments made in accordance with the provisions of sub-section (2);the Commissioner may after giving the dealer a reasonable opportunity of being heard, direct him to pay, in addition to any tax payable or paid by him by way of penalty a sum not exceeding fifty rupees for each occasion of default subject to a maximum of five hundred rupees in each case.(d)Where no tax is payable by a registered dealer committing a default under sub-clause (ii) or sub-clause (iii) of clause (a), the Commissioner may, after giving such dealer a reasonable opportunity of being heard, direct him to pay by way of penalty a sum not exceeding five hundred rupees.
